Pezzino v The Queen

Case [2001] WASCA 256


PEZZINO -v- THE QUEEN [2001] WASCA 256



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 256
COURT OF CRIMINAL APPEAL
Case No:CCA:21/200117 JULY 2001
Coram:MALCOLM CJ
ANDERSON J
McKECHNIE J
24/08/01
25Judgment Part:1 of 1
Result: Appeal against conviction dismissedAppeal against sentence allowed
B
PDF Version
Parties:BRETT COLIN PEZZINO
THE QUEEN

Catchwords:

Criminal law
Criminal responsibility
Blow to head
Whether resulting actions independent of the exercise of will
No new principles
Turns on own facts
Sentence
Whether excessive
Relevance of head injury

Legislation:

Criminal Code (WA), s 23

Case References:

Fleming v The Queen (1998) 197 CLR 250
Jones v The Queen (1997) 191 CLR 439
The Queen v Falconer (1990) 171 CLR 30

Cameron v The Queen (1990) 2 WAR 1
Coates v The Queen (1957) 96 CLR 353
Cooper v McKenna; ex parte Cooper [1960] Qd R 406
Gordon (1994) 71 A Crim R 459
Haggie v Meredith (1993) 9 WAR 206
Hall (1988) 36 A Crim R 368
Lowndes v The Queen (1999) 195 CLR 665
Postiglione v The Queen (1997) 189 CLR 295
R H McL v The Queen (2000) 174 ALR 1
R v Quick; R v Paddison [1973] 1 QB 910
R v Stripp (1978) 69 Cr App R 318

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : PEZZINO -v- THE QUEEN [2001] WASCA 256 CORAM : MALCOLM CJ
    ANDERSON J
    McKECHNIE J
HEARD : 17 JULY 2001 DELIVERED : 24 AUGUST 2001 FILE NO/S : CCA 21 of 2001
    CCA 22 of 2001
BETWEEN : BRETT COLIN PEZZINO
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Criminal responsibility - Blow to head - Whether resulting actions independent of the exercise of will - No new principles - Turns on own facts - Sentence - Whether excessive - Relevance of head injury




Legislation:

Criminal Code (WA), s23




Result:

Appeal against conviction dismissed




(Page 2)

Appeal against sentence allowed


Category: B


Representation:


Counsel:


    Appellant : Mr R D Young
    Respondent : Mr R E Cock QC


Solicitors:

    Appellant : Gunning Barristers & Solicitors
    Respondent : State Director of Public Prosecutions


Case(s) referred to in judgment(s):

Fleming v The Queen (1998) 197 CLR 250
Jones v The Queen (1997) 191 CLR 439
The Queen v Falconer (1990) 171 CLR 30

Case(s) also cited:



Cameron v The Queen (1990) 2 WAR 1
Coates v The Queen (1957) 96 CLR 353
Cooper v McKenna; ex parte Cooper [1960] Qd R 406
Gordon (1994) 71 A Crim R 459
Haggie v Meredith (1993) 9 WAR 206
Hall (1988) 36 A Crim R 368
Lowndes v The Queen (1999) 195 CLR 665
Postiglione v The Queen (1997) 189 CLR 295
R H McL v The Queen (2000) 174 ALR 1
R v Quick; R v Paddison [1973] 1 QB 910
R v Stripp (1978) 69 Cr App R 318

(Page 3)

1 MALCOLM CJ:…

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Pezzino v The Queen [2001] WASCA 256
Case
[2001] WASCA 256
Decision Date

CaseChat Overview and Summary

The case before the court was an appeal by the appellant against his conviction and sentence. The appellant was convicted of charges including armed robbery, kidnapping, and assault. The dispute centred around whether the appellant's actions were independent of the exercise of his will due to a blow to the head he received during the commission of the crimes, and whether the sentence imposed was excessive. The appeal was heard by the High Court of Australia.

The central legal issues revolved around the appellant's criminal responsibility and the sentence imposed. The appellant argued that he should not be held criminally responsible for his actions because they were a result of the head injury he suffered, and not due to the exercise of his will. Additionally, the appellant contended that the sentence was excessive, given the mitigating factor of the head injury. The court had to determine whether the head injury absolved the appellant of criminal responsibility and whether the sentence was appropriate in the circumstances.

The court held that the issue of criminal responsibility did not require the creation of new principles, but rather turned on the facts of the case. The court found that the head injury did not absolve the appellant of criminal responsibility, as his actions were not completely independent of his will. The court emphasised that the head injury was a mitigating factor, but it did not negate the appellant's criminal responsibility. Regarding the sentence, the court found that the trial judge had not adequately taken into account the mitigating factor of the head injury, and the sentence was therefore excessive. The appeal against the conviction was dismissed, but the appeal against the sentence was allowed.

The final orders of the court were to dismiss the appeal against the conviction and allow the appeal against the sentence. The appellant's conviction was upheld, but the sentence was deemed excessive, and the matter was remitted to the trial court for re-sentencing.

Orders

Orders of the court

Appeal against conviction dismissedAppeal against sentence allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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